HomeMy WebLinkAbout20092340.tiffRECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
AUGUST 31, 2009
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial
Center, Greeley, Colorado, August 31, 2009, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner William F. Garcia, Chair - EXCUSED
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Elizabeth Strong
Director of Administrative Services, Monica Mika
MINUTES: Commissioner Conway moved to approve the minutes of the Board of County Commissioners
meeting of August 26, 2009, as printed. Commissioner Kirkmeyer seconded the motion, and it carried
unanimously.
CERTIFICATION OF HEARINGS: Commissioner Kirkmeyer moved to approve the Certification of
Hearings conducted on August 26, 2009, as follows: 1) USR #1698 - Matthew and Kristina Green.
Commissioner Long seconded the motion, which carried unanimously.
AMENDMENTS TO AGENDA: There were no amendments to the agenda.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Conway moved to approve the Consent Agenda as printed.
Commissioner Kirkmeyer seconded the motion, and it carried unanimously.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
BIDS:
APPROVE BID#60900145, DEWATERING WELL PROJECT FOR THE SOUTHEAST WELD SERVICES
BUILDING - DEPARTMENT OF BUILDINGS AND GROUNDS: Monica Mika, Director of Administrative
Services, stated a work session was conducted regarding this bid and the Board requested that she speak
with the City of Fort Lupton to see if it is aware of any other watering concerns in the area, and the City's
staff did not identify any waterline problems or groundwater issues; therefore, the City assumes the
Southeast Weld Services Building is built on top of a clay pocket. Ms. Mika stated staff from the Weld
2009-2340
BC0016
County Department of Public Works concurred with the conclusion. She stated the Fort Lupton Fire
Department is located in close proximity to the Southeast Weld Services Building and it indicated that it
has not experienced any groundwater issues.
Toby Taylor, Department of Public Works, recommended the second lowest bid be accepted, based on
the proposed time line for completion, since he does not want to delay the project any further. Mr. Taylor
stated it is important to begin dewatering the soil, which will hopefully stabilize the building. In response
to Chair Pro-Tem Rademacher, Mr. Taylor stated the recommended bid is from Golden Triangle
Construction, Inc. Commissioner Kirkmeyer inquired as to if Mr. Taylor contacted Levi Contractors, Inc.,
to see if it can commence work earlier than September 14, 2009, and Mr. Taylor stated he did make the
inquiry; however, the Company indicated it does not wish to begin the Project before September 14, 2009.
Commissioner Kirkmeyer inquired as to whether any permits are necessary concerning the well, since
water will be removed from the ground. Mr. Taylor stated the necessary permits are in progress and
should be completed tomorrow. Commissioner Kirkmeyer inquired as to whether a permit is needed from
the State Engineer's Office, and Mr. Taylor indicated a permit is not required from the State, since the well
is not removing the water for consumption or use. In response to Commissioner Kirkmeyer, Mr. Taylor
stated the removed water will be pumped into a ditch. In response to Chair Pro-Tem Rademacher,
Mr. Taylor stated the ditch the water will be pumped into is a drainage ditch; not an irrigation ditch.
Commissioner Long moved to approve said bid from Golden Triangle, Inc., based on staff's
recommendation. Commissioner Conway seconded the motion. Commissioner Kirkmeyer requested that
Mr. Taylor ensure the proper permits are in place before allowing the work to begin, and Mr. Taylor
indicated he will do so. There being no further discussion, the motion carried unanimously.
APPROVE BID #60900146, INSTALLATION OF NATURAL GAS GENERATOR - DEPARTMENT OF
BUILDINGS AND GROUNDS: Mr. Taylor stated the generator will be placed at the Department of Public
Works building, in order to support the Snow Desk functions during extreme weather conditions
accompanied by power outages. He stated the generator is a piece of equipment that the County already
owns, and the low bid from Meyer and Son Electric Company is recommended, to perform the installation.
Commissioner Long moved to approve said low bid, based on staff's recommendation. Seconded by
Commissioner Kirkmeyer, the motion carried unanimously.
APPROVE BID #60900149, DELINQUENT TAX LIST ADVERTISEMENT - TREASURER'S OFFICE:
Ms. Mika stated after she presented the bid to the Board, it directed her to research the methodology of
publishing the delinquent tax list in multiple Weld County newspapers, as opposed to publishing it in only
one newspaper. She stated she researched the matter, in conjunction with the County Attorney's Office,
and determined the requirement, according to State statute, is that the County must publish the delinquent
tax list multiple times in a County newspaper. She stated historically the County has published the list in
multiple newspapers, including the Greeley Tribune, the Johnstown Breeze, the North Herald, and the
Voice; however, due to internet access, she suggests the Board does not need to proceed with the bid and
that the list may be published as normal County business, in the Windsor Beacon. Ms. Mika stated the
Board may choose to accept the bid and publish the delinquent tax list in all of the County newspapers it
historically has, or it may to choose to reject the bid, publish the tax list in the Windsor Beacon, and
encourage citizens to utilize the internet. She stated the Board will meet the State statute either way;
however, there are cost savings associated with not publishing the list in multiple newspapers.
Commissioner Conway inquired as to if the Board is fulfilling the statute requirement if it only publishes the
list on the internet. Ms. Mika clarified the statute requires the County to publish the list in the official
County newspaper, which is the Windsor Beacon; however, it does not require the Board to publish the
list in multiple newspapers, and she recommends rejecting the bid and publishing the County tax list solely
in the Windsor Beacon. Commissioner Conway indicated he is concerned about people who do not have
access to the internet and may not know they are delinquent on their taxes.
Minutes, August 31, 2009 2009-2340
Page 2 BC0016
John Lefebvre, Treasurer, stated he previously served as the Adams County Treasurer, and Adams
County published the delinquent tax list three times in one newspaper. Mr. Lefebvre stated he was
surprised to learn that Weld County publishes the delinquent tax list in multiple newspapers and has done
so for quite some time, at least since 1994. He stated publishing the tax list in multiple papers does
provide notification to more people and the shame of having one's name published tends to result in some
of the delinquent taxes being collected; however, personal property is the area in which there is the most
difficulty collecting taxes; therefore, it is only effective concerning the people who reside locally and do not
want others to see their name published. He stated years ago, the only way people were made aware of
the tax liens available for sale was through reading the newspaper; however, the delinquent tax list is now
posted on the internet and people are also able to purchase the available tax liens on the internet.
Mr. Lefebvre stated several years ago he tried to remove the requirement concerning advertising in
newspapers from the State statute and the newspapers expressed strong opposition. He stated it costs
approximately $40,000.00 to $60,000.00 to run the required newspaper advertising; however, many
counties do not care because the cost is added onto the property tax liens and paid for by the delinquent
taxpayers. He stated simply because the delinquent taxpayers are incurring the cost, it does not negate
the fact that an additional $40,000.00 to $60,000.00 in cost is being accrued, and the tax debts will be
collected through the tax lien sale, regardless of whether the delinquent tax list is advertised in the
newspaper. In response to Commissioner Conway, Mr. Lefebvre stated there is a small percentage of
people who pay their taxes online; however, there was a larger number of people who paid their taxes
online this year than in the previous years. He stated the internet payment option has not been heavily
promoted because the Department was in the midst of changing to a new computer system, and staff
wanted to finish the process before it began promoting the option.
Renee Fielder, Treasurer's Office, stated approximately 5,000 people paid their taxes online this year,
which is ten percent higher than the previous year. Mr. Lefebvre stated last year approximately two-thirds
of the payments made online were made with credit cards; however, this year there is the option to pay
by electronic check and nearly two-thirds of the payments made online this year were made by electronic
checks. He indicated he would like to see more people provide their payments by electronic check
because it is more cost effective, since there are convenience fees associated with the payments made
with credit cards. Commissioner Kirkmeyer moved to reject the bid, based on the grounds that the County
is still meeting its statutory responsibility. In response to Chair Pro-Tem Rademacher, Commissioner
Kirkmeyer reiterated the delinquent tax list will be published in the Windsor Beacon three times, in addition
to being posted on the internet. Commissioner Rademacher seconded the motion. Mr. Lefebvre stated
rejecting this bid is changing a longstanding County process of publishing the delinquent tax list in multiple
newspapers. In response to Commissioner Kirkmeyer, Mr. Lefebvre confirmed the County will still be
publishing the delinquent tax list three times and meeting the statutory requirements. There being no
further discussion, the motion carried unanimously.
NEW BUSINESS:
CONSIDER TEMPORARY CLOSURE OF CR 6 BETWEEN CR 23 AND U.S. HIGHWAY 85: Janet Carter,
Department of Public Works, stated the closure will commence September 14, 2009, through
October 2, 2009, to replace a bridge deck. Ms. Carter stated there is a one -mile segment of gravel
roadway on the detour route which will be treated with magnesium chloride for dust control, the average
daily traffic count for County Road 6 is 1,948 vehicles, according to a traffic count taken in 2007, and road
signs, barricades, and message boards will be used to advise drivers of the closure. In response to Chair
Pro-Tem Rademacher, Ms. Carter stated the bridge crosses over a drainage ditch, and it is located west
of the Town of Wattenburg. In response to Commissioner Kirkmeyer, Ms. Carter stated the message
boards will be placed on U.S. Highway 85 only in advance of the closure; however, detour signs and
barricades will be used to close County Road 6 to through traffic at U.S. Highway 85, and the signs and
barricades will be clearly visible from U.S. Highway 85. Commissioner Conway moved to approve said
temporary closure. Seconded by Commissioner Long, the motion carried unanimously.
Minutes, August 31, 2009 2009-2340
Page 3 BC0016
CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP OF HOTEL AND RESTAURANT LIQUOR
LICENSE AND AUTHORIZE CHAIR TO SIGN - LA FIESTA MEXICAN GRILL, INC., DBA LA FIESTA
MEXICAN GRILL: Bruce Barker, County Attorney, stated this is an application for the change of ownership
for a liquor license, for an ongoing business, and all of the application materials are in order.
Laurie Exby, Department of Public Health and Environment, stated she performed an inspection on
August 28, 2009, and determined the food service aspects of the facility are in order. Ms. Exby stated
there were a couple of minor violations, which were corrected at the time of the inspection. She indicated
there is one item for which she is unsure whether a permit is required; it is a large wooden deck that the
applicant has built on an outside corner of the building, and the owner indicated a permit is not needed for
the deck. She stated she called the Town of Mead to confirm whether a permit is required for the deck
and she has not heard back from anyone. Ms. Exby stated the rationale the owner gave for why a permit
is not required is because the deck is not off of the ground. She stated the Weld County Building
Inspection Department informed her the deck would require a permit if the establishment were within the
County's jurisdiction; however, it is within the Town of Mead. Commissioner Long inquired as to why the
Board is considering this matter, if the establishment is located within the Town of Mead. In response to
Mr. Barker, Ms. Exby stated the entire establishment is located within the Town of Mead; not only the deck.
Following discussion regarding the establishment's location, Mr. Barker determined the establishment is
within Weld County's jurisdiction, and it is not within the Town of Mead, although a neighboring
establishment is located within the Town limits. Ms. Exby stated the establishment will require a building
permit for the deck, since it is subject to Weld County's rules. Mr. Barker concurred. In response to Chair
Pro-Tem Rademacher, Ms. Exby stated the deck is located on the east side of the building and it is
approximately 30 by 40 feet in size. In response to Commissioner Conway, Mr. Barker stated it is a
prerequisite that the establishment must be compliance with the Planning and Building regulations, in order
to have the liquor license transferred. Mr. Barker stated he is concerned if alcohol is going to be served
on the deck, and if so, the owner will need to control who is accessing the alcohol by limiting the entrance
to the establishment to one location, and patrons must enter and exit the establishment through the
building; not the deck.
Perla Reese, representative for the owner, stated there is only one entrance to the deck and the patrons
must go through the building to access the deck. Chair Pro-Tem Rademacher stated the owner needs to
obtain a permit for the deck. Commissioner Kirkmeyer stated the owner needs to check on the permit
requirements; the need for a permit depends on how the deck is being utilized and where it is located.
Ms. Reese indicated the owner was told by the previous owner a permit is not needed for the deck. She
stated the deck is not complete; therefore, it not being used yet.
In response to Chair Pro-Tem Rademacher, Chris Gathman, Department of Planning Services, indicated
he is not able to answer whether or not a permit is necessary, since it is a Building Code matter. Chair
Pro-Tem Rademacher stated the owner needs to contact the Building Department to determine whether
a permit is required, and the application may be approved contingent on the permit being obtained.
Commissioner Kirkmeyer indicated the matter may need to be continued, since the establishment may not
be in compliance with the Code. Mr. Barker stated the Board may either continue the matter, or it may
approve it today, and make compliance with the Building Code a condition of approval in the Resolution.
Chair Pro-Tem Rademacher gave the opportunity for public input; however, none was given.
Commissioner Conway moved to approve said application, with the condition that the establishment is in
compliance with the Building Code, prior to the transfer of the license. Commissioner Kirkmeyer seconded
the motion. Commissioner Conway reiterated the owner needs to determine if a permit is needed and to
apply for said permit if it is determined to be necessary. There being no further discussion, the motion
carried unanimously.
Minutes, August 31, 2009 2009-2340
Page 4 BC0016
CONSIDER SUBMITTING TO THE ELECTORS OF THE ELECTION ON NOVEMBER 3, 2009,
AMENDMENTS TO THE WELD COUNTY HOME RULE CHARTER: Mr. Barker stated he e -mailed the
Resolution to the Board last week to review. In response to Chair Pro-Tem Rademacher, Mr. Barker
stated he has added one item to the Resolution since the Board reviewed it, item h on the last page of the
Resolution, which states, "Change references in the Table of Contents to reflect all of the corrected
references detailed herein." In response to Commissioner Kirkmeyer, Mr. Barker confirmed there are no
substantive changes to the Resolution, compared to what the Board reviewed last week, and the changes
to the Weld County Charter are only technical clean-up items, such as updating the year. There was no
public input. Commissioner Kirkmeyer indicated she has reviewed the e-mail that Mr. Barker sent the
Board last week and it contains the same information as the Resolution contains today, and she moved
to approve the Resolution. Commissioner Long seconded the motion, which carried unanimously.
CONSIDER QUIT CLAIM MINERAL DEED AND AUTHORIZE CHAIR TO SIGN - ORR RESOURCES,
LLC: Mr. Barker stated this item is a request to convey the minerals underneath a County roadway to Orr
Resources, LLC. He explained the County right-of-way is for roadway purposes only and not intended to
include the minerals; therefore, the quit claim mineral deed will simply clarify the ownership of the minerals,
and this has previously been done for another portion of the same property. Commissioner Kirkmeyer
moved to approve said quit claim mineral deed and authorize the Chair to sign. Seconded by
Commissioner Conway, the motion carried unanimously.
CONSIDER APPOINTMENTS TO PLANNING COMMISSION: Commissioner Long moved to reappoint
Tom Holton as an at -large representative, reassign Bill Hall as an at -large representative, appoint
Alexander Zauder as the District 3 representative, to replace Paul Branham, and to appoint Jason Maxey
as an at -large representative, to the Planning Commission. Seconded by Commissioner Kirkmeyer, the
motion carried unanimously.
PLANNING:
CONSIDER REVIEW OF CONDITION OF APPROVAL #1.O FOR USE BY SPECIAL REVIEW PERMIT
#1650 - UNITED FARMER'S COOPERATIVE: Mr. Gathman stated this is a request to waive Condition
of Approval #1.O for Use by Special Review Permit #1650. He stated the original USR application was
from Stahla Homes, for a propane storage and office facility, and the original application proposed a 20
by 30 square -foot office for up to two employees and indicated up to five customers may visit the site to
pick up propane, per day. He indicated Rodney Spencer, Manager at United Energy, LLC, submitted a
letter dated July 27, 2009, which stated no customers currently visit the site, loads are picked up at the site
for delivery to customers offsite, and the Company transports an average of one load per week.
Mr. Gathman indicated the letter further stated the applicant plans to postpone the proposed office facility
until business volume increases to a point to justify the cost. He stated the Condition of Approval that the
applicant is requesting be waived states, "An individual sewage disposal system is required for the
proposed facility and shall be installed according to the Weld County Individual Sewage Disposal
Regulations. Evidence of approval by the Department of Public Health and Environment shall be provided
to the Department of Planning Services". He stated Lauren Light, Department of Public Health and
Environment, submitted a letter recommending that the Condition of Approval remain in effect because
the facility does not qualify as a temporary use, which is six months or less; therefore, permanent sewer
facilities are required. Mr. Gathman indicated the Department of Planning Services is in agreement with
the Department of Public Health and Environment. Commissioner Kirkmeyer inquired as to whether the
Development Standards in the original USR indicated the number of customers and employees limited to
be at the site. Mr. Gathman stated the original USR limits the number of employees to two and there is
no limitation on the number of customers. Responding to Commissioner Kirkmeyer, Mr. Gathman stated
there is no office on the site at this time, and employees will visit the site approximately once per day to
pick up the propane with a truck. Further responding to Commissioner Kirkmeyer, Mr. Gathman confirmed
the USR still indicates there will be an office on -site.
Minutes, August 31, 2009 2009-2340
Page 5 BC0016
Ms. Light reiterated the original application requested two employees and five customers to be on the site
each day; however, presently there is one truck driver visiting the site per day. She stated portable toilets
may be used for temporary uses lasting six months or less; however, the use on the site is not temporary;
therefore, some type of permanent sanitation facility is required. She stated trucking companies also
require some type of permanent sanitation facility, even though the drivers are only there to pick up their
trucks before they leave. Ms. Light stated a permanent, adequate water source is required in the original
USR, and she encouraged the Board to review Development Standards #15 through #19 from the original
USR. Chair Pro-Tem Rademacher explained the Board does not have access to the original USR at this
time.
Mr. Spencer indicated his name was incorrectly listed in some of the paperwork as Robert Spencer;
however, his name is Rodney Spencer. Mr. Spencer stated it was initially envisioned there would be an
office on the site and the customers may visit the location to provide a payment or to order propane;
however, customers will not come to the site to pick up propane because it requires special training and
equipment, since it is a hazardous material. He stated due to the downturn in the economy, the Company
is not at the place it anticipated it would be; however, it would like to keep the possibility open of an office
being added to the site in the future. He stated United Farmers Cooperative went through a substantial
upper management change in the fall, which delayed some of its plans. Mr. Spencer stated there is
presently one truck driver who utilizes the site approximately once per day and he is only at the site for
approximately 15 minutes to load the truck, and there is a portable toilet still located on -site because the
Company intends to alter the small metal building located on the site, by removing and replacing part of
the concrete floor and adding large doors on the west side. He stated the Company intends to fully
enclose the building because it is used to store some miscellaneous propane parts.
Chair Pro-Tem Rademacher gave the opportunity for public input; however, none was given.
In response to Commissioner Kirkmeyer, Mr. Spencer reiterated employees will not be at the location for
longer than approximately 15 minutes, and he indicated when the employees leave, the gate is locked, and
there is no access to the site. He stated the situation is similar to that at the approximately 6,000 oil and
gas wells located across Weld County, which have employees periodically performing maintenance at the
sites, such as hauling water. Commissioner Kirkmeyer indicated the original USR is for a propane storage
and office facility; therefore, the Company may place an office facility on the site at any point; however,
if the Condition of Approval is waived, the Company will not be required to install a sewer system. She
inquired as to whether the Board may state the sewer system is not necessary until the office facility exists,
without amending the USR, as opposed to waiving the Condition of Approval. Commissioner Kirkmeyer
indicated she is not comfortable with waiving the Condition of Approval. Mr. Gathman stated the USR
Resolution, under Condition of Approval #2, states, "Prior to the Issuance of the Certificate of Occupancy:
An individual sewage disposal system is required for the proposed facility and shall be installed according
to the Weld County Individual Sewage Disposal System (I.S.D.S.) Regulations," and this will address the
sewer matter when the office is built. He further stated Development Standard #17 states, "A permanent,
adequate water supply shall be provided for drinking and sanitary purposes at all times," and he suggested
amending it to remove the words, "at all times," and to add the words, "for the office facility".
Commissioner Kirkmeyer indicated she is hesitant to amend the Conditions of Approval because she does
not want to amend the USR, and she suggested perhaps the Board can provide its interpretation of when
the water and sewer must be added at the site, and the determinations can be added to the file.
Commissioner Conway inquired as to if the Board's intent will be still be expressed by the other Conditions
of Approval, if it waives Condition of Approval #1.O. Mr. Gathman stated there is a specific requirement
regarding obtaining the septic system prior to the Certificate of Occupancy being issued for the office
building. Commissioner Conway stated if the Board waives Condition of Approval #1.O, the applicant will
still need to meet the requirements of providing water and sewer when the office is constructed.
Mr. Gathman clarified he is unsure whether the Conditions of Approval address water. Commissioner
Minutes, August 31, 2009 2009-2340
Page 6 BC0016
Kirkmeyer stated the language in Condition of Approval #1.O addresses the requirement for the sewage
system, and Condition of Approval #2 states that prior to occupancy, the applicant must meet the Weld
County Individual Sewage Disposal System (I.S.D.S.) Regulations; therefore, it will give conflicting direction
to the applicant if Condition of Approval #1.O is removed, while Condition of Approval #2 remains. She
stated she believes the Conditions of Approval simply need to be clarified to state it is not necessary to
have the sewer and water systems in place until the time of occupancy; however, she is not comfortable
waiving any of the Conditions of Approval. Mr. Barker concurred with Commissioner Kirkmeyer, and
suggested the Board may modify the Condition of Approval, to state it will become effective when the
facility is needed; at such time the office is occupied. In response to Commissioner Kirkmeyer, Mr. Barker
stated it is a wise idea to add "at such time the office is occupied" to the requirement for a permanent
source of water in Development Standard #17. In response to Commissioner Conway, Mr. Spencer
indicated the proposed changes will meet his needs. Commissioner Kirkmeyer moved to modify Condition
of Approval #1.O and Development Standard #17 of Use by Special Review Permit #1650, by adding the
language, "at such time the office is occupied," to both items. Seconded by Commissioner Long, the
motion carried unanimously.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
Consent Agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted
by the Acting Clerk to the Board.
There being no further business, this meeting was adjourned at 9:56 a.m.
ATTEST:
Weld County Clerk to the
BY
Deputy Clerk to the Board
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
EXCUSED
William F. Garcia, Chair
B�glRademac r, Pro-Tem
C
Sean P. Conway
David E. Long
Minutes, August 31, 2009 2009-2340
Page 7 BC0016
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